WEST VIRGINIA CODE

WVC 18 B- 3 C- 9
§18B-3C-9. Increasing flexibility for community and technical
colleges.
(a) Notwithstanding any rules or procedures of the governing
boards to the contrary, the community and technical colleges have
the authority and the duty to:

(1) Incorporate the most effective and efficient use of
technology in accessing and delivering courses and programs in
order to make the best use of available resources and to control
costs;

(2) Incorporate a model to offer occupational program
curricula in smaller modules to accommodate specific student and
employer needs and to gain sufficient flexibility in formatting
courses;

(3) Serve as a facilitator for education programs from outside
delivery sources to meet the needs of the residents and employers
of the district; and

(4) Employ faculty in the most effective manner to serve the
core mission of the community and technical college.

(A) To that end, the freestanding community and technical
colleges may employ faculty for an indefinite period without a
grant of tenure and shall work toward a staffing goal of no more
than twenty percent of the faculty holding tenure or being
tenure-track employees. Tenured faculty employed by the
freestanding community and technical colleges before the first day
of July, one thousand nine hundred ninety-nine, are not affected by this provision.

(B) All community and technical colleges, other than those set
forth in paragraph (A) of this subdivision, may employ faculty for
an indefinite period without a grant of tenure. The immediate goal
is to use this provision as a tool to assist the community and
technical colleges in meeting the essential conditions provided for
in section three of this article and in gaining independent
accreditation status. The ultimate goal is to provide the
flexibility community and technical colleges need to meet the needs
of the state by working toward having no more than twenty percent
of the core faculty holding tenure or being tenure-track employees.
Tenured faculty employed by community and technical colleges other
than freestanding community and technical colleges on the thirtieth
day of June, two thousand, may not be affected by this provision.
Tenure may not be denied to a faculty member solely as a result of
change in employing institution necessitated by the change to
independently accredited community and technical colleges.

(b) The governing boards shall adopt a model of program
approval for the community and technical colleges that permits
occupational programs to be customized to meet needs without
requiring approval by any governing board or other agency of
government. The model shall incorporate a post-audit review of
such programs on a three-year cycle to determine the effectiveness
of the programs in meeting district needs.

(c) The council shall promulgate rules to implement the provisions of this section and shall file these rules for review
and approval with the chancellor no later than the first day of
December, two thousand four.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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